...the consent of his sous, he dismisses with the simple remark, that they only show a moral offence : " Therefore, since it is denied that a gift or sale...made, the precept is infringed by making one. But ((') Manu, vi. the gift or transfer is not null, for a fact cannot be altered by a hundred texts "...

...not a positive law ; and it is therein laid down, that a gift or transfer under such circumstances is not null ; for a fact cannot be altered by a hundred texts. There is nothing inconsistent in this, as the doctrine is rather confirmatory of the text, which declares...

...Jimutavahana, commenting on the above text of Mann, says : " Since it is denied that a gift or sale should1 be made, the precept is infringed by making one, but the gift or transfer is not null." Very different language is used when the law giver is dealing with a breach of duties prescribed by...

...Däya-Bhäga eh. II nr. 30 p. 207, wo sich der Jurist (nach C olebrook e's Uebersetzung) äussert: since it is denied that a gift or sale should be made 4 ), the precept is infringed by making one. But the gift or transfer is not null, for a fact cannot...

...the consent of his sons, he dismisses with the simple remark, that they only show a moral offence : " Therefore, since it is denied that a gift or sale...null, for a fact cannot be altered by a hundred texts" (/. ) Attempt to § 283. Of course this argument is opposed to the first principles both of historical...

...For if such had been the meaning of that author, then, as in regnrd to sale and gift he has said : ' since it is denied, that a gift or sale should be made, the precept is infriuged by making one ; but the gift or transfer ia not null,'* BO also lu respect of partition of...

...attempted validation of such a distribution on the principlo of factum valet, he says, ibid. p. 71 — " It is therefore worth while to examine this doctrine...null, for a fact cannot be altered by a hundred texts/ Dayabhaga, p. 60. (a) This remark refers, however, to the alienation of property, of which the alienor...

...only, those of Bengal, whose explanation is founded on a general position laid down by Jlmutavahana ; ' therefore, since it is denied that a gift or sale...for a fact cannot be altered by a hundred texts,' Dayabhaga, p. 60. (4) This remark refers, however, to the alienation of property, of which the alienor...

...doctrines often inculcated by Munoo himself, as noticed in my little Essay, (para. 28, pp. 34, 35,) " Therefore, since it is denied that a gift or sale should be made, the precept is ii>. fringed by making one. But the gift or transfer is not null ; for a fact cannot be altered by...

...interpreted in the same manner, for here the words ' should be made' must necessarily be understood. " Therefore, since it is denied that a gift or sale...for a fact cannot be altered by a hundred texts." (Dyabhaga, chapter II, paragraphs 27 to 30.) It is clear, therefore, that according to the Dyabhaga...